PLENARY MEETING
Russia,
UAE,
China,
Saudi
Arabia,
Algeria,
Sudan,
and
Egypt
PROPOSALS
FOR
THE
WORK
OF
THE
CONFERENCE
PREAMBLE
1
While
the
sovereign
right
of
each
State
to
regulate
its
telecommunications
is
fully
recognized,
the
provisions
of
the
present
International
Telecommunication
Regulations
(hereinafter
Regulations)
complement
the
Constitution
and
Convention
of
the
International
Telecommunication
Union,
with
a
view
to
attaining
the
purposes
of
the
International
Telecommunication
Union
in
promoting
the
development
of
telecommunication
services
and
their
most
efficient
operation
while
harmonizing
the
development
of
facilities
for
world-wide
telecommunications.
NOC
ARB/7/4
Author
Deleted: country
Author
Deleted: supplement
Author
Deleted: Convention
2 1.1 a) These Regulations establish general principles which relate to the provision and operation of international telecommunication/ICT services offered to the public as well as to the underlying international telecommunication transport means used to provide such services.
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These Regulations also set rules applicable to Member States and operating agencies* involved in international telecommunications. MOD
Author
Deleted: They
Author
Deleted: administrations
3 b) These Regulations recognize the right of Member States to allow special arrangements as provided in Article 9. ADD
Author
Deleted: in
Article
9
Author
Deleted: s
3A c) These Regulations set obligations on Member States to take the necessary measures to prevent interruptions of services and that no technical harm is caused by their operating agencies to the operating agencies of other Member States which are operating in accordance with the provisions of these Regulations. NOC 4 1.2 In these Regulations, the public is used in the sense of the population, including governmental and legal bodies. MOD
5 1.3 a) These Regulations are established with a view to facilitating global interconnection and interoperability of telecommunication facilities and to promoting the harmonious development and efficient operation of technical facilities, as well as the efficiency, usefulness and availability to the public and the security of international telecommunication/ICT services. SUP .MOD
7 1.5 Within the framework of the present Regulations, the provision and operation of international telecommunication/ICT services in each relation is pursuant to mutual agreement between Member States and/or operating agencies, as the case may be. MOD
Author
Deleted: administrations
Author
Deleted: administrations
8 1.6 In implementing the principles of these Regulations, Member States should take measures to promote that operating agencies comply with, to the greatest extent practicable, the relevant Recommendations by the ITU, especially those having policy or regulatory implications. MOD
Author
Deleted: *
Author
Deleted: CCITT
9
1.7
a)
These
Regulations
recognize
the
right
of
any
Member
State,
subject
to
national
law
and
should
it
decide
to
do
so,
to
require
that
operating
agencies,
which
operate
in
its
territory
or
provide
an
international
telecommunication/ICT
service
to
the
public
in
its
territory,
be
authorized
by
that
Member
State.
_______________
*
Author
Deleted: ,
including
any
Instructions
forming
part
of
or
derived
from
these
Recommendations.
Author
Deleted: administrations
and
private
Author
Deleted: and
The term operating agency includes recognized operating agency and is used in that sense throughout these Regulations.
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Author
Deleted: or recognized private operating agency(ies)
22 WCIT12/27(Rev.1)-E
NOC 12 1.8 The Regulations shall apply, regardless of the means of transmission used, so far as the Radio Regulations do not provide otherwise.
ARTICLE
2
Definitions
NOC
14
2.1
Telecommunication:
Any
transmission,
emission
or
reception
of
signs,
signals,
writing,
images
and
sounds
or
intelligence
of
any
nature
by
wire,
radio,
optical
or
other
electromagnetic
systems.
ADD
14A
2.1bis
Telecommunication/ICT:
Any
transmission,
emission
or
reception
,
that
may
include
processing,
of
signs,
signals,
writing,
images
and
sounds
or
intelligence
of
any
nature
by
wire,
radio,
optical
or
other
electromagnetic
systems.
NOC
15
2.2
International
telecommunication
service:
The
offering
of
a
telecommunication
capability
between
telecommunication
offices
or
stations
of
any
nature
that
are
in
or
belong
to
different
countries.
ADD
15A
2.2bis
International
telecommunication/ICT
service:
The
offering
of
a
telecommunication/ICT
capability
between
different
countries.
MOD
17
2.4
Service
telecommunication
12/7/12 7:59 AM Formatted: Normal 12/7/12 7:59 AM
Deleted: the
following:
A telecommunication that relates to public international telecommunications and that is exchanged among administrations/ operating agencies. MOD 22 2.7 Relation: Exchange of traffic between two terminal countries, always referring to a specific service if there is one between their Member States and/or operating agencies: NOC 23 24 a) a means for the exchange of traffic in that specific service: over direct circuits (direct relation), or via a point of transit in a third country (indirect relation), and b) normally, the settlement of accounts.
12/7/12 7:59 AM
Deleted:
12/7/12 8:00 AM
Deleted: ;
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MOD
pitt 10/4/12 3:50 PM
Deleted: *
25 2.8 Accounting rate: The rate agreed between administrations/operating agencies in a given relation that is used for the establishment of international accounts for international telecommunication services. MOD 26 2.9 Collection charge: The charge established and collected by administrations/operating agencies from their customers for the use of an international telecommunication service ADD 27B 2.10B Fraud: use of public international telecommunication services or facilities with the intention of avoiding payment, without correct payment, with no payment at all, or by making someone else pay, by misusing numbering (addressing) resources, by intentional misrepresentation of identity or other deceptive, wrongful or criminal practices, in order to obtain personal or financial gain that can lead to actual or potential disadvantage or financial harm to another individual or group. ADD 27C 2.13 Spam: information transmitted in bulk over telecommunication networks as text, sound, image, tangible data used in a man-machine interface bearing indiscriminate advertising nature or having no meaningful message, simultaneously or during a short period of time, to a large number of particular addressees without prior consent of the addressee (recipient) to receive this information or information of this nature. Note: Spam should be distinguished from information of any type (advertisements inclusive) transmitted over broadcasting (non-addressed) networks (such as TV and/or radio broadcasting networks, etc.). ADD
27A 2.11 Internet: An international conglomeration of interconnected telecommunication networks which provides for the interaction of connected information systems and their users, by carrying their traffic using a single system of numbering, naming, addressing, identification, protocols and procedures that is defined by Internet Standards. Reasons: IETF RFC 2418, taking into account the terms and definitions in the ITU Constitution and Convention and the WSIS (Geneva 2003 Tunis 2005) outcome documents. ADD
27B 2.12 Internet traffic: Traffic generated by interacting information systems connected to the telecommunication networks that constitute the Internet.
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ADD
27C 2.13 Internet access: The ability to interact through the exchange of Internet traffic with any information systems connected to the telecommunication networks that constitute the Internet. ADD
27D 2.14 Basic Internet infrastructure: Telecommunication facilities and information systems which are vitally important for ensuring integrity, reliable operation and security of the Internet. ADD
27E 2.15 National Internet segment: Telecommunication networks or parts thereof which are located within the territory of the respective State and used to carry Internet traffic and/or provide Internet access. NOC
28 3.1 Member States shall ensure that operating agencies cooperate in the establishment, operation and maintenance of the international network to provide a satisfactory quality of service, taking into consideration the relevant Recommendations of the ITU. MOD 29 3.2 Member States shall establish policies to promote that operating agencies endeavour to provide sufficient telecommunication facilities to meet the requirements of and demand for international telecommunications/ICT services. MOD
Author
Deleted: administrations*
Author
Deleted: Administrations*
30 3.3 Operating agencies shall determine by mutual agreement which international routes are to be used. A Member State has the right to know the international route of its traffic where technically feasible. MOD
Author
Deleted: Administrations*
Author
Deleted: Pending
agreement
and
provided
that
there
is
no
direct
route
existing
between
the
terminal
administrations*
concerned,
the
origin
31 3.4 Subject to national law, any user, by having access to the international network established by an operating agency, has the right to send traffic. A satisfactory quality of service should be maintained to the greatest extent practicable, corresponding to relevant Recommendations of the ITU.
administration* has the choice to determine the routing of its outgoing telecommunication traffic, taking into account the interests of the relevant transit and destination administrations*.
Author
Deleted: administration*
Author
Deleted: CCITT
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ARTICLE
3
Internet
(collaborative
approach)
31A
3A.1
Internet
governance
shall
be
effected
through
the
development
and
application
by
governments,
the
private
sector
and
civil
society
of
shared
principles,
norms,
rules,
decision-making
procedures
and
programmes
that
shape
the
evolution
and
use
of
the
Internet.
(management
of
Identification
resources)
31B
3A.2
Member
States
shall
have
equal
rights
to
manage
the
Internet,
including
in
regard
to
the
allotment,
assignment
and
reclamation
of
Internet
numbering,
naming,
addressing
and
identification
resources
and
to
support
for
the
operation
and
development
of
basic
Internet
infrastructure.
(local
regulation)
31C
3A.3
Member
States
shall
have
the
sovereign
right
to
establish
and
implement
public
policy,
including
international
policy,
on
matters
of
Internet
governance,
and
to
regulate
the
national
Internet
segment,
as
well
as
the
activities
within
their
territory
of
operating
agencies
providing
Internet
access
or
carrying
Internet
traffic.
(
policy
on
use
and
operation)
31D
3A.4
Member
States
should
endeavour
to
establish
policies
aimed
at
meeting
public
requirements
with
respect
to
Internet
access
and
use,
and
at
assisting,
including
through
international
cooperation,
administrations
and
operating
agencies
in
supporting
the
operation
and
development
of
the
Internet.
(protection
and
security)
31E
3A.5
Member
States
should
ensure
that
administrations
and
operating
agencies
cooperate
in
ensuring
the
integrity,
reliable
operation
and
security
of
the
national
Internet
segment,
direct
relations
for
the
carrying
of
Internet
traffic
and
the
basic
Internet
infrastructure.
ADD
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31G
3B.2
Member
States
shall
endeavour
to
ensure
that
international
naming,
numbering,
addressing
and
identification
resources
are
used
only
by
the
assignees
and
only
for
the
purposes
for
which
they
were
assigned
and
that
unassigned
resources
shall
not
be
used.
Member
States
shall
also
endeavour
to
prevent
misuse
and
misappropriation
of
these
resources.
(Calling
Line
Identification)
31H
3B.3
Member
States
shall
endeavour,
through
various
channels
open
to
them,
to
ensure
that
operating
agencies:
-
implement
Originating
Identification
(OI)
features,
where
technically
possible;
including
at
least
presentation
of
country
code,
national
destination
code
or
equivalent
origination
identifiers
in
accordance
with
the
relevant
Recommendations
of
ITU
-
-
-
met;
ADD
NAME 12/6/12 8:00 AM
use appropriate standards when implementing OI features, maintain end to end the integrity and correctness of OI ensure that the requirements associated with data protection and data privacy are
Deleted: 5A
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3C.5 Member States shall endeavour to ensure that operating agencies and other concerned entities cooperate with their counter parts in other Member states in ensuring confidence and security of telecommunications/ICTs as appropriate and in timely manner. (Combating Spam) 3C.6 Member States shall endeavour to ensure that operating agencies take the appropriate measures to prevent the propagation of unsolicited electronic communication/spam. Member States are encouraged to cooperate in that sense. (Combating network fraud) 3C.8 Member States shall endeavour to ensure that operating agencies take the appropriate measures to combat network fraud.
NAME 12/7/12 3:46 PM Formatted: Font:Not Italic NAME 12/7/12 3:46 PM Formatted: Font:Not Italic NAME 12/7/12 3:46 PM Formatted: Font:Not Italic
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NOC
32 4.1 Member States shall promote the implementation and development of international telecommunications/ICT services. They shall also endeavour to ensure that operating agencies make international telecommunication/ICT services generally available to the public in their national network(s). MOD
Author
Deleted:
and
Author
Deleted: such
33 4.2 Member States shall ensure that operating agencies cooperate within the framework of these Regulations to provide by mutual agreement, a wide range of international telecommunication/ICT services of any type related to voice and broadband services, which should conform, to the greatest extent practicable, to the relevant Recommendations of the ITU. MOD
Author
Deleted: s
Author
Deleted: administrations*
Author
Deleted: CCITT
34 4.3 Subject to national law, Member States shall ensure that operating agencies provide and maintain, to the greatest extent practicable, a satisfactory quality of service taking into consideration the relevant Recommendations of the ITU with respect to: NOC 35 a) access to the international network by users using terminals which are permitted to be connected to the network and which do not cause harm to technical facilities and personnel; b) international telecommunication facilities and services available to customers for their use; c) at least a form of telecommunications/ICT services which is reasonably accessible to the public, including those who may not be subscribers to a specific telecommunication service; and d) a capability for interworking between different services, as appropriate, to facilitate international communications.
Author
Deleted: s
Author
Deleted: endeavour
to
Author
Deleted: administrations*
Author
Deleted: minimum
Author
Deleted: corresponding
to
MOD 36 MOD 37
Author
Deleted: CCITT
Author
Deleted: dedicated
NOC 38
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ADD
38A 4.4 Member States shall ensure that operating agencies providing international telecommunication/ICT services at least provide, promptly and free of charge, transparent and up- to-date information on total retail charges (inclusive of all applicable taxes) to the end users, including international roaming charges.
NOC
MOD
39 5.1 Safety of life telecommunications, such as distress telecommunications, shall be entitled to transmission as of right and shall, where technically practicable, have absolute priority over all other telecommunications, in accordance with the relevant Articles of the Constitution and Convention in accordance with relevant Recommendations of the ITU. MOD
Author
Deleted: and
taking
due
account
of
40 5.2 Government telecommunications, including telecommunications relative to the application of certain provisions of the United Nations Charter, shall, where technically practicable, enjoy priority over other types of telecommunications other than those referred to in 5.1, in accordance with the relevant provisions of the Constitution and Convention and taking due account of relevant ITU Recommendations. MOD
Author
Deleted: CCITT
Author
Deleted: No.
39
Author
Deleted: CCITT
41 5.3 The provisions governing the priority enjoyed by any other telecommunications are contained in the relevant Recommendations of the ITU. ADD
Author
Deleted: all
Author
Deleted: CCITT
41B 5.5 Member States should cooperate to introduce in addition to their existing national emergency numbers a global number for calls to the emergency services. ADD
41C 5.6 Member States shall ensure that operating agencies inform every roaming user, promptly and free of charge, of the number to be used for calls to the emergency services. NOC ARTICLE 6 Charging and Accounting
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42.B
6.0.1
Member
States
should
foster
continued
investment
in
high-bandwidth
infrastructures.
ADD
NAME 12/7/12 11:55 AM
Deleted:
42.C 6.0.2. Member States shall promote transparency with respect to retail prices and quality of service. ADD
42.D 6.0.3 Member States may take measures to ensure that fair compensation is received for carried international traffic (e.g. interconnection or termination). ADD
42.E 6.0.4 Member states shall endeavour to ensure that their regulatory frameworks promote the establishment of mutual commercial agreements with providers of international communication applications and services in alignment with principles of fair competition, innovation, adequate quality of service and security. NOC 42 MOD 6.1 Collection charges
currie 10/19/12 2:56 PM Formatted: Font:12 pt currie 10/19/12 2:56 PM Formatted: Font:12 pt, No underline currie 10/19/12 2:56 PM Formatted: Font:12 pt currie 10/19/12 2:54 PM
Deleted: normally
43 6.1.1 Each administration/operating agency shall, subject to applicable national law, establish the charges to be collected from its customers. The level of the charges is a national matter; however, in establishing these charges, administrations/operating agencies should try to avoid too great a dissymmetry between the charges applicable in each direction of the same relation. MOD
currie 10/19/12 2:56 PM Formatted: Font:12 pt, Not Strikethrough currie 10/19/12 2:56 PM Formatted: Font:12 pt currie 10/19/12 2:56 PM Formatted: Font:12 pt currie 10/19/12 2:53 PM
Deleted: billed
44 6.1.2 The charge levied by an administration/operating agency on customers for a particular communication should in principle be the same in a given relation, regardless of the international route chosen by that administration/operating agency. MOD
45 6.1.3 Where, in accordance with the national law of a country, a fiscal tax is levied on collection charges, to be included in or added to the collection charge, for international telecommunication services, this tax shall be collected only in respect of international telecommunication services presented for payment to customers in that country, unless other arrangements are made to meet special circumstances.
currie 10/19/12 2:56 PM Formatted: Font:12 pt, No underline currie 10/19/12 2:56 PM Formatted: Font:12 pt, Not Strikethrough currie 10/19/12 2:56 PM Formatted: Font:12 pt, No underline currie 10/19/12 2:56 PM Formatted: Font:12 pt
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46
6.2
Accounting
rates
12/7/12 8:05 AM
Deleted: 6.2.1
47 For each applicable service in a given relation, administrations/operating agencies shall by mutual agreement establish and revise accounting rates to be applied between them, in accordance with the provisions of Appendix 1 and taking into account relevant ITU-T Recommendations and relevant cost trends MOD 48 6.3 Monetary unit
49 In the absence of special arrangements concluded between administrations/operating agencies, the monetary unit to be used in the composition of accounting rates for international telecommunication services and in the establishment of international accounts shall be: MOD 52 either the monetary unit of the International Monetary Fund (IMF), currently the Special Drawing Right (SDR), as defined by that organization; or freely convertible currencies or other monetary unit agreed between the administrations/operating agencies 6.4.1 Unless otherwise agreed, administrations/operating agencies shall follow the relevant provisions as set out in Appendices 1 and 2 6.5 Service telecommunications
12/7/12 8:07 AM
Deleted: 6.3.1
ADD*
(comment
moved
from
Appendix
3,
which
is
SUP)
52A
ADD*
52B
6.5.1
Administrations/operating
agencies
may
provide
service
telecommunications
free
of
charge.
ADD*
52C
6.5.2
Administrations/operating
agencies
may
in
principle
forego
inclusion
of
service
telecommunications
in
international
accounting,
under
the
relevant
provisions
of
the
Constitution
and
Convention
of
the
International
Telecommunication
Union
and
the
present
Regulations,
having
due
regard
for
the
need
for
reciprocal
arrangements.
NOC
12/7/12 8:08 AM Formatted: Indent: Left: 0", First line: 0", Tabs: 1.28", Left + Not at 1.3" + 1.81" Jemaa, Tracy 10/9/12 11:02 AM
Deleted: .
55
7.1
If
a
Member
State
exercises
its
right
in
accordance
with
the
Constitution
and
Convention
to
suspend
international
telecommunication
services
partially
or
totally,
that
Member
States
shall
immediately
notify
the
Secretary-General
of
the
suspension
and
of
the
subsequent
return
to
normal
conditions
by
the
most
appropriate
means
of
communication.
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MOD
56 7.2 The Secretary-General shall immediately bring such information to the attention of all other Member States, using the most appropriate means of communication. NOC
Author
Deleted: s
Author
Deleted: administrations*
Author
Deleted: Administrative
Author
Deleted: administrative
Author
Deleted: Plenary
Author
58 9.1 a) Pursuant to Article 42 of the Constitution, special arrangements may be entered into on telecommunication matters which do not concern Member States in general. Subject to national laws, Member States may allow operating agencies* or other organizations or persons to enter into such special mutual arrangements with Member States and/or operating agencies*, as the case may be, or other organizations or persons that are so allowed in another country for the establishment, operation, and use of special telecommunication networks, systems and services, in order to meet specialized international telecommunication needs within and/or between the territories of the Member States concerned, and including, as necessary, those financial, technical, or operating conditions to be observed. SUP
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MOD 60 9.2 Member States should, where appropriate, encourage the parties to any special arrangements that are made pursuant to 9.1 above to take into account relevant provisions of Recommendations of the ITU. NOC
Author
Deleted: July
1990
at
0001
hours
UTC
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NOC
Accounting rates
1/2 1.1 For each applicable service in a given relation, administrations/operating agencies shall by mutual agreement establish and revise accounting rates to be applied between them, taking into account ITU-T Recommendations and trends in the cost of providing the specific telecommunication service, and shall divide such rates into terminal shares payable to the administrations/operating agencies of terminal countries, and where appropriate, into transit shares payable to the administrations/operating agencies of transit countries. MOD
1/3 1.2 Alternatively, in traffic relations where ITU-T cost studies can be used as a basis, the accounting rate may be determined in accordance with the following method: MOD 1/4 NOC 1/5 MOD a) b) the accounting rate shall be the sum of the terminal shares and any transit shares. administrations/operating agencies shall establish and revise their terminal and transit shares taking into account ITU-T Recommendations;
1/6 1.3 When one or more administrations/operating agencies acquire, either by flat rate remuneration or other arrangements, the right to utilize a part of the circuit and/or installations of another administration/operating agency, the former have the right to establish their share as mentioned in 1.1 and 1.2 above, for this part of the relation. MOD
1/7
1.4
In
cases
where
one
or
more
international
routes
have
been
established
by
agreement
between
administrations/operating
agencies
and
where
traffic
is
diverted
unilaterally
by
the
administration/operating
agency
of
origin
to
an
international
route
which
has
not
been
agreed
with
the
administration/operating
agency
of
destination,
the
terminal
shares
payable
to
the
administration/operating
agency
of
destination
shall
be
the
same
as
would
have
been
due
to
it
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22 WCIT12/27(Rev.1)-E
had the traffic been routed over the agreed primary route and the transit costs are borne by the administration/operating agency of origin, unless the administration/operating agency of destination is prepared to agree to a different share. MOD
1/8 1.5 In cases where the traffic is routed via a transit point without authorization and/or agreement to the transit share, the transit administration/operating agency has the right to set the level of the transit share to be included in the international accounts. MOD
1/9 1.6 Where an administration/operating agency has a duty or fiscal tax levied on its accounting rate shares or other remunerations, it shall not in turn impose any such duty or fiscal tax on other administrations/operating agencies. NOC 1/10 MOD
Establishment of accounts
1/11 2.1 Unless otherwise agreed, the administrations/operating agencies responsible for collecting the charges shall establish a monthly account showing all the amounts due and send it to the administrations/operating agencies concerned. MOD
1/12 2.2 The accounts shall be sent as promptly as possible and, except in cases of force majeure, before the end of a period of 50 days following the month to which they relate. MOD
1/13 2.3 In principle an account shall be considered as accepted without the need for specific notification of acceptance to the administration/operating agency which sent it. MOD
1/14 2.4 However, any administration/operating agency has the right to question the contents of an account before the end of the 50-day period after the receipt of the account, but only to the extent necessary to bring any differences within mutually agreed limits. MOD
1/15 2.5 In relations where there are no special agreements, a quarterly settlement statement showing the balances of the monthly accounts for the period to which it relates shall be prepared as soon as possible by the creditor administration/operating agency and shall be sent in duplicate to the debtor administration/operating agency, which, after verification, shall return one of the copies endorsed with its acceptance.
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Jemaa, Tracy 10/9/12 9:20 AM
Deleted: *
1/16 2.6 In indirect relations where a transit administration/operating agency acts as an accounting intermediary between two terminal points, it shall include accounting data for transit traffic in the relevant outgoing traffic account to administrations/operating agencies beyond it in the international routing sequence as soon as possible, but no later than 50 calendar days after receiving that data from the originating administration/operating agency. NOC 1/17 1/18 NOC
3
3.1
1/19 3.1.1 The payment of balances of international telecommunication accounts shall be made in the currency selected by the creditor after consultation with the debtor. In the event of disagreement, the choice of the creditor shall prevail in all cases subject to the provisions in 3.1.2 below. If the creditor does not specify a currency, the choice shall rest with the debtor. NOC
1/20 3.1.2 If a creditor selects a currency with a value fixed unilaterally or a currency the equivalent value of which is to be determined by its relationship to a currency with a value also fixed unilaterally, the use of the selected currency must be acceptable to the debtor. NOC 1/21 3.2 Determination of the amount of payment
1/22 3.2.1 The amount of the payment in the selected currency, as determined below, shall be equivalent in value to the balance of the account. NOC
1/23 3.2.2 If the balance of the account is expressed in the monetary unit of the IMF, the amount of the selected currency shall be determined by the relationship in effect on the day before payment, or by the latest relationship published by the IMF, between the monetary unit of the IMF and the selected currency. NOC
1/24 3.2.3 However, if the relationship of the monetary unit of the IMF to the selected currency has not been published, the amount of the balance of account shall, at a first stage, be converted into a currency for which a relationship has been published by the IMF, using the relationship in effect on the day before payment or the latest published relationship. The amount thus obtained shall, at a second stage, be converted into the equivalent value of the selected currency, using the closing rate in effect on the day prior to payment or the most recent rate
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quoted
on
the
official
or
generally
accepted
foreign
exchange
market
of
the
main
financial
centre
of
the
debtor
country.
SUP
1/25
MOD
Janin, Patricia 10/23/12 5:21 PM
Deleted: 3.2.4 If
the
balance
of
the
account
is
expressed
in
gold
francs,
the
amount
shall,
in
the
absence
of
special
arrangements,
be
converted
into
the
monetary
unit
of
the
IMF
in
accordance
with
the
provisions
of
section
6.3
of
the
Regulations.
The
amount
of
payment
shall
then
be
determined
in
compliance
with
the
provisions
of
3.2.2.
above.
1/26 3.2.5 If, in accordance with a special arrangement, the balance of the account is not expressed in the monetary unit of the IMF, the payment shall also be the subject of this special arrangement and: NOC 1/27 a) if the selected currency is the same as the currency of the balance of account, the amount of the selected currency shall be the amount of the balance of account;
NOC 1/28
b) if the selected currency for payment is different from the currency in which the balance is expressed, the amount shall be determined by converting the balance of account to its equivalent value in the selected currency in accordance with the provisions of 3.2.3 above.
1/30 3.3.1 Payment of balances of account shall be effected as promptly as possible, but in no case later than 50 days after the day on which the settlement statement is despatched by the creditor administration/operating agency. Beyond this period, the creditor administration/operating agency may, subject to prior notification in the form of a final demand for payment, and unless otherwise agreed, charge interest at a rate of up to 6% per annum, reckoned from the day following the date of expiry of the said period. NOC
1/31 3.3.2 The payment due on a settlement statement shall not be delayed pending settlement of a query on that account. Adjustments which are later agreed shall be included in a subsequent account. NOC
1/32 3.3.3 On the date of payment, the debtor shall transmit the amount of the selected currency as computed above by a bank cheque, transfer or any other means acceptable to the debtor and the creditor. If the creditor expresses no preference, the choice shall fall to the debtor.
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NOC
1/33
3.3.4
The
payment
charges
imposed
in
the
debtor
country
(taxes,
clearing
charges,
commissions,
etc.)
shall
be
borne
by
the
debtor.
Any
such
charges
imposed
in
the
creditor
country,
including
payment
charges
imposed
by
intermediate
banks
in
third
countries,
shall
be
borne
by
the
creditor.
SUP
1/34
MOD
pitt 10/10/12 12:28 PM
Deleted: 3.4.1
Janin, Patricia 10/23/12 5:21 PM
Deleted: 3.4 Additional
provisions
1/35 3.3.5 Provided the periods of payment are observed, administrations/operating agencies may by mutual agreement settle their balances of various kinds by offsetting: ADD credits and debits in their relations with other administrations/operating agencies; and/or any other mutually agreed settlements, if appropriate.
1/35A
This
rule
also
applies
in
case
payments
are
made
through
specialized
payment
agencies
in
accordance
with
arrangements
with
administrations/operating
agencies.
ADD
1/35B
MOD
pitt 10/10/12 12:33 PM
Deleted: 3.4.2
1/36 3.4.1 If, between the time the remittance (bank transfer, cheques, etc.) is effected and the time the creditor is in receipt of that remittance (account credited, cheque encashed, etc.), a variation occurs in the equivalent value of the selected currency calculated as indicated in paragraph 3.2, and if the difference resulting from such variations exceeds 5% of the amount due as calculated following such variations, the total difference shall be shared equally between debtor and creditor. MOD
1/37 3.4.2 If there should be a radical change in the international monetary system which invalidates or makes inappropriate one or more of the foregoing paragraphs, administrations/operating agencies are free to adopt, by mutual agreement, a different monetary basis and/or different procedures for the settlement of balances of accounts, pending a revision of the above provisions.
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NOC
General
2/2 The provisions contained in Article 6 and Appendix 1, taking into account the relevant ITU Recommendations, shall also apply to maritime telecommunications in so far as the following provisions do not provide otherwise. NOC 2/3 NOC
Accounting authority
2/4
2.1
Charges
for
maritime
telecommunications
in
the
maritime
mobile
service
and
the
maritime
mobile-satellite
service
shall
in
principle,
and
subject
to
national
law
and
practice,
be
collected
from
the
maritime
mobile
station
licensee:
NOC
2/5
MOD
2/6
NOC
2/7
MOD
a)
b)
c)
pitt 10/10/12 12:40 PM
Deleted: recognized
private
by an operating agency; or
by any other entity or entities designated for this purpose by the administration referred to in a) above.
2/8 2.2 The administration or the operating agency or the designated entity or entities listed in paragraph 2.1 are referred to in this Appendix as the accounting authority. MOD
2/9 2.3 References to a receiving administration/operating agency contained in Article 6 and Appendix 1 shall be read as accounting authority when applying the provisions of Article 6 and Appendix 1 to maritime telecommunications.
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MOD
2/10 2.4 Member States shall designate their accounting authority or authorities for the purposes of implementing this Appendix and notify their names, identification codes and addresses to the Secretary-General for inclusion in the List of Ship Stations; the number of such names and addresses shall be limited taking into account the relevant ITU-T Recommendations. NOC 2/11 MOD
Establishment of accounts
2/12 3.1 In principle, an account shall be considered as accepted without the need for specific notification of acceptance to the accounting authority that sent it to the administration. MOD
2/13 3.2 However, any accounting authority has the right to question the contents of an account for a period of six calendar months after dispatch of the account, even after the account has been paid. 2/14 NOC
2/15 4.1 All international maritime telecommunication accounts shall be paid by the accounting authority without delay and in any case within six calendar months after dispatch of the account, except where the settlement of accounts is undertaken in accordance with paragraph 4.3 below. NOC
2/16 4.2 If international maritime telecommunication accounts remain unpaid after six calendar months, the administration that has licensed the mobile station shall, on request, take all possible steps, within the limits of applicable national law, to ensure settlement of the accounts from the licensee.
MOD
NOC
2/17 4.3 If the period between the date of dispatch and receipt exceeds one month, the receiving accounting authority should at once notify the accounting authority that sent the account that queries and payments may be delayed. The delay shall, however, not exceed three calendar months in respect of payment, or five calendar months in respect of queries, both periods commencing from the date of receipt of the account.
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2/18 4.4 The debtor accounting authority may refuse the settlement and adjustment of accounts presented more than 12 calendar months after the date of the traffic to which the accounts relate. SUP
12/7/12 10:55 AM
Deleted: APPENDIX
3
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